[Adopted STM 9-30-1974 by Art. 9 as Ch. IV, Secs. 1, 3 and
29, of the 1975 Bylaws]
No person except the Superintendent of Streets
in the performance of his duties shall break or dig up or cause to
be broken or dug up the pavement or ground in any public streets,
or any sidewalk or common in the town, or erect or cause to be erected
any staging for building thereon, or place or cause to be placed any
materials or rubbish thereon, without first obtaining from the Board
of Selectmen or its authorized representative a written license stating
the space in the street or other public place that may be occupied
and the time allowed for such occupancy, and such other provisions
as it deemed best, and filing with the Superintendent of Streets a
written agreement under seal, approved by the Board of Selectmen,
to comply strictly with the terms of the license and to indemnify
the town from all loss, cost or expense that it may suffer by reason
of such occupancy.
[Amended ATM 5-19-2015 by Art. 21]
For the purpose of promoting the safety of the inhabitants of
the Town of Southwick, no temporary or permanent driveway shall be
constructed, altered, expanded, changed or connected to any public
way until a written permit for the same is issued by the Director
of the Department of Public Works.
A.
COMMON DRIVEWAY
COMPACTED SURFACE
CURB CUT
DIRECTOR
DRIVEWAY
Definitions.
A single driveway shared by no more than two single-family
residential lots that each have approved frontage on an existing public
way within the Town of Southwick.
Shall consist of a minimum of eight inches base of gravel
with a surface of either a minimum four inches processed stone aggregate
or three inches of asphalt.
The length of the interrupted curb or road edge providing
access from the public way to the property, lot, or driveway.
For the purposes of this § 157-2, "director" shall mean the Director of the Department of Public Works.
A private way providing access from a public or private way
to a structure or other location on abutting grounds.
B.
Submission requirements.
(1)
Written application to the Department of Public Works shall be made
by the landowner, or the landowner's duly authorized agent, prior
to the construction, alteration, expansion, or change of any driveway,
or the connection of a driveway to any public way.
(2)
Every application submitted for action by the Director shall be made
on the official application form which shall be available at the Department
of Public Works and the Town Clerk's office.
(3)
Filing requirements:
(a)
Appropriate site plans:
[1]
Each site plan shall be submitted in accordance with the driveway
application as may be promulgated, and amended from time to time if
necessary, by the Department of Public Works.
[2]
At a minimum, the plan shall show:
[a]
The driveway to be created, altered, expanded,
changed, connected, or closed;
[b]
Details on stormwater controls;
[c]
Description of the proposal with specific attention
to the driveway's encroachment or affect on the public way and that
public way's shoulders, banks, ditches, drainage and other features.
C.
Driveway design and construction requirements.
(1)
Any curb cut at the entrance of the driveway shall not exceed 24
feet wide, which shall be rounded off with a radius of a minimum of
three feet. Any added curb material must match the existing material.
(2)
The driveway shall intersect a public way at an angle of between
70° and 110°.
(3)
The driveway shall be constructed of a compacted surface for a minimum
twenty-five-foot distance from the edge of the road. In the discretion
of the Director additional compacted surface may be required for protection
of the Town's drainage and roadway infrastructure.
(4)
The width of the driveway's compacted surface shall extend for a
minimum distance of 25 feet from the edge of the road and shall not
be less than 10 feet wide. In the discretion of the Director additional
compacted surface may be required for safety or protection of the
Town's drainage and roadway infrastructure.
(5)
All driveways shall have a goal to be constructed at a grade of plus
or minus 2% for a minimum distance of 25 feet from the edge of the
road. Should the soil, shape, topography, or drainage characteristics
cause realization of this goal to be impracticable or a substantial
hardship, the Director may require modifications of the plan to draw
near to, if not meet, the goal and its purposes.
(6)
Driveway locations shall meet the intersection sight distance requirement
of the American Association of State Highway and Transportation Officials
(AASHTO).
(7)
Driveways shall be set back from abutting property lines at least
10 feet.
(8)
Driveways shall be designed, constructed and maintained so that stormwater
shall not drain onto the public way.
(9)
The use of culverts shall be allowed in lieu of roadside ditches
and shall have a diameter of not less than 15 inches and a buried
depth of not less than one foot. A larger diameter culvert may be
required in the discretion of the Director. The materials used must
be approved by the Director prior to installation and shall be designed
to accommodate H20 loading.
(10)
Any additional storm drainage generated by the driveway shall
not flow onto any adjacent property, and to the extent possible shall
be recharged on-site.
(11)
Driveways should be designed and located in such a manner as
to minimize cut and fill by maintaining and preserving the natural
topography and vegetation.
(12)
Any curb cut onto a state highway is subject to the regulations
and standards of the Massachusetts Department of Transportation.
(13)
Driveways shall not be considered public ways and shall not
provide lot frontage.
D.
Decision.
(1)
The Director shall examine the application, including supporting and required materials, for its conformity to this § 157-2, in the interest of public safety, appropriate design practices, and minimal environmental impacts, and shall render a written decision within 21 days of filing.
(2)
The application may be approved, approved with conditions, or denied
in the sole discretion of the Director.
(3)
Failure to act within 21 days shall be deemed an approval by the
Director. The Director reserves the right to notify the applicant
in writing prior to the expiration of the twenty-one-day period of
the Director's intention to extend the time for action for a time
certain if such extension is necessary.
(4)
Nothing in this § 157-2 shall prohibit a landowner's application for a common driveway special permit and site plan approval issued by the appropriate special permit granting authority. If such an application for common driveway is approved, and after the special permit and attendant documents are duly recorded with the Hampden County Registry of Deeds in accordance with § 185-30.1, a driveway permit pursuant to this § 157-2 is required.
E.
Inspection of work.
(1)
All work shall be inspected by the Director after construction and
prior to issuance of a certificate of occupancy, if applicable. The
Director may halt or refuse to accept any work not done in accordance
with the approved permit.
F.
Continuing responsibility of owners.
(1)
Property owners shall be responsible for keeping culverts under their driveways cleared and for maintaining driveways in condition conforming to the requirements of the permit and to the intent and spirit of this § 157-2. Driveways already in existence on the effective date of this § 157-2, as amended, shall be maintained by the property owners in their best preexisting condition.
H.
Liability.
(1)
Under no circumstances shall the Town of Southwick incur liability
in the event that emergency vehicles are unable to reach or access
their destination due to improper construction or maintenance of a
private driveway. It shall be the owner's responsibility to ensure
that the driveway is passable for emergency vehicles at all times.
(2)
Under no circumstances shall the Town of Southwick incur liability
based on:
(a)
Any claim stemming from a failure to inspect, fine, or otherwise
enforce this bylaw, or an inadequate or negligent inspection of any
property, condition, or construction subject to compliance with this
bylaw;
(b)
Any claim based upon the issuance, denial, or failure or refusal
to issue or deny any permit or approval.
The provisions of this Article shall be enforced
by local police, Massachusetts Environmental Police and local officials
appointed to enforce these regulations.
